Protocol for La Mesa Presbyterian Church regarding Immigrants

and Immigration and Customs Enforcement

 

La Mesa Presbyterian Church welcomes all who seek to share in, participate, and provide for others in God’s Beloved Community. We especially welcome our neighbors, regardless from where or when they came to this neighborhood, city, and state. While we are open to all who seek God’s love and love of neighbor, we limit our premises, which includes our parking lot and buildings, and building entrances to congregants, worshippers, those seeking assistance or available services in all of the programs that we support, including Centro Savila, and those participating in all other sponsored activities. 

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• La Mesa Presbyterian Church does not allow any and all law enforcement officers, specifically including Immigration & Customs Enforcement (ICE) and US Customs and Border Protection (CBP) or other authorized officials, to enter without invitation or a judicial warrant signed by a judge or magistrate. This includes a provided time period in which the warrant may be executed and describes the scope of a search.

• A judicial warrant, signed by a judge or magistrate, allows ICE or CBP agents and law enforcement officers to conduct any search as authorized in the warrant, including employee files.

• An administrative warrant, issued by Department of Homeland Security (DHS), ICE or CBP, and typically on Forms 1-200 or 1-205, doesn't require compliance and employers cannot be punished for refusing to comply.

• A subpoena issued by a judge or magistrate may be challenged in court by the employer. If the employer doesn't intend to challenge, then they should comply with the subpoena.

• An administrative subpoena doesn't require compliance, and employers cannot be punished for refusing to comply.

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If presented with an administrative warrant, churches and healthcare organizations do not have to tell the ICE or CBP agents or law enforcement officials if the person named in the warrant is currently a church member, staff, or client, or not, nor do they have to take the ICE or CBP agent or law enforcement officers to the client's room or any room in the church. Staff do not have to assist ICE or CBP agents or law enforcement officers beyond what is required by the warrant. An ICE or CBP or law enforcement agents may state that their action is required to avoid imminent harm or risk. The facility staff should evaluate the circumstances and balance multiple factors. They can decide to cooperate even without a warrant.

La Mesa Presbyterian Church will not permit the entrance of any law enforcement officials to enter without Pastor Rev. Dr. Brett Mitchell having the opportunity to review any warrant purporting to allow their entry. Any questions should be directed to him at 919-444-9111.